What is an Attorney?

The term "lawyer" only refers to individuals who have been called to the bar or have qualified as civil law notaries in the province of Quebec. Common law lawyers in Canada may also be known as "barristers and solicitors", but should not be referred to as "attorneys", since that term has a different meaning in Canadian usage. However, in Quebec, civil law advocates often call themselves "attorney" and sometimes "barrister and solicitor.

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In Canada, England and Australia, the role of lawyer and attorney are quite different. These jurisdictions operate under common law. In these countries, there are additional legal roles that do not exist in the US.

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This article will clarify the meaning, functions and responsibilities, as well as categories of Attorneys in Canada. It also provides a brief description of the Canadian justice system and Programme of Study for the Legal Profession in the first and second parts of the article to give readers useful information since this is relevant to the subject, “What is an Attorney?”

What is the Justice System in Canada?

Canada’s justice system is made up of institutions, courts, independent bodies, and associations that coordinate with one another to uphold the law and ensure peace and fairness. It is one of the most unique among democratic societies in the western world. The two systems of law in Canada are the French-influenced civil law, based on a written civil code, and the traditional law or common law from the English. The Canadian Bar Association (CBA) plays a key role in Canada’s justice system. It serves as a congregation of the country’s judges, lawyers, law students, and law teachers.

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What is the Programme of Study for the Legal Profession in Canada?

The programme of study for the common law LL.B. is second-entry, undergraduate, professional degree, and now completely replaced by the J.D. by all Canadian common law schools. While the degree awarded is at the first-degree level and admission may be granted to applicants with two or three years of undergraduate studies towards a degree, in practice the programme generally requires completion of a previous undergraduate degree before registration in that programme. In fact, almost all admitted law students hold at least a bachelor level degree, and a significant number hold a graduate level degree as well.
The common law programme is three years in length. Upon graduation, one holds a Bachelor of Laws degree, but cannot yet practise law. To practise law, the graduate must obtain a license from the Law Society of the province where he/she wishes to practise law, which also requires a year of articling. Those law graduates wishing to become law professors instead of lawyers often obtain a more advanced academic degree, such as the Master of Laws or the Doctor of Laws.

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Bachelor of Laws

What are the Different Categories of Attorneys in Canada?

A tax attorney in Canada provides legal assistance on matters concerning payment and reduction of taxes, as well as, dealing with court cases relating to tax. If you have problems with the Canada Revenue Agency (CRA) regarding a specific income tax situation wherein a tax assessment is higher than the presumed, a tax attorney can help you file an appeal. Likewise, a tax attorney can help a business organization lessen the amount of tax for payment by drafting a tax plan. The tax attorney in Canada can represent you in a taxation law suit and help plan that would lead to the reduction of taxes on death.

Pls Refer To: Tax Attorney

The divorce attorney in Canada specializes in giving legal advice and assistance with regards to issues in the field of divorce laws. Most provinces in Canada have varying laws regarding aspects of divorce such as the amount of debts that would be contracted at the conclusion of the trial. The debt includes home mortgages, balances of unpaid credit cards, and balances of automobile loan.

Pls Refer To: Divorce Attorneys

Canadian citizens, who face criminal charges, should acquire the assistance of a Canadian criminal attorney. Although constitutions and laws have been written to govern over the country, the interpretation as to whether a person has violated the law and should face appropriate punishment is given to a court judge or a jury’s judgment. Oftentimes, inaccurate reports from a witness, false evidence, misinterpretation of events, and unjust penalties result to the wrongful accusation of a person.

Pls See: Criminal Attorney

Family members can seek help from a family attorney in Canada. A family attorney specializes in family-related matters would first and foremost act as an intermediary force that aims to resolve disputes and negotiate agreements. These disputes often originate from matters such as domestic violence, dissolution of marriage, divorce, child custody, child support, and visitation of parents.

Pls See: Family Attorney

The Importance of Attorneys in Canada

Now that the reader has acquired a proper perspective about Attorneys and their functions, classifications and responsibilities, it will be relatively easy for Canadian citizens to understand what to do when they need legal aid in the country. Hopefully, this article has provided sufficient information on the subject matter.

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